Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-06-28

Turner, the principal witness: of Carrco to whom
of other persons certifying to the good Character
OF Turner, and maps OF the roads and vicinity OF
the alleged meeting between Mr. Todd and the
case. Elder washington had made some uDim-
pOrtanJ changes in his charges. These charges
alleged that Rev. Mr.. Todd had been guilty OF un-
chastity and conduct unbecoming Christian and a
minister, and the specifications were contained in
the Turner affidavit.
The committee recommended that II both sides
10 the case were willing TO waive the ten days de-
lay, that the trial be Immediately proceeded with,
Inc lestimony OF the prosecution being first taken,
| the defense to follow with their testimony.
THR DEFENSE READY FOR TRIAL
DR.. Sunderland said the defense were ready for
trial at once. Elder Washington, OF the prosecu-
ton, was called, but he did not answer and it was
stated that he would be present at 12 o'clock. Dr.
Ch1dS said 1t was the desire OF the accuSerS that
MI. Nourse act as counsel for them and he moved
that he be assigned. Mr.. Nourse refused to act,
saying he had twice declined. DR.. Childs replied
that the prosecution had been under the impress
sion that Mr.. NOurse would act for them.
Mr.. NOurSe declared he had never agreed to so
act and wanted MIR. HOrnbaker to cOrrObOrate him.
Dr. sunderland regarded 1t as reasonable re-
quest OF Mr.. NOurSe that MI. Hornbaker should
state whether or not Mr.. Nourse had agreed to act
as counsel for the accusers. He wanted to hear
the statement, but II the presbytery proposed to
exclude IL, OF course there was no way to compel
IT, The defense was entirely willing that Mr..
Nonrse should act as counsel for the accusers.
The moderator decided that Mr.. Hornbakers
statement was not necessary.
TROUBLE IN GETTING COUNSEL FOR THE ACCUsERs.
Very considerable difficulty was experienced in
procuring counsel for the prosecution. Mr.. Nourse
having positively declined, a motion was made
that Dr. Childs be assigned as counsel Notwith-
standing DR.. Childs' protest, vote was taken.
and apparently the motion was carried but Dr.
Chllds declared that he could not act. He said he
was not in good health, and had forced himself to
| come out to-day. He moved to substitute the
name OF Mr.. NOurSe, but before that motion was
put II was decided that the presbytery had no
power to compel member to act as counsel
Hence the motion was not put.
Dr. Chlds moved that MIR. Lyman be assigned as
counsel for the prosecution, but Mr.. Lyman asked
to be excused. He said he knew nothing about
the case, but If the presbytery insisted he would
feel bound to act In that event he should feel
1mpelled to demand the ten days delay in order 70
prepare the ease.
DIR. CHILDs ASSIGNED AS COUNSEL.
After considerable debate, in which the rules OF
procedure, the propriety OF having counsel, &C.,
were discussed, DR.. Childs was almost unanl-
m9usly assigned as counsel for the prosecution.
Dr; Cnlids yielded, saying he would make as
Dr. Sunderland. counsel for the defense, noted an
exception 10 the appointment OF Dr.. Childs saying
lOr the prosecution and he objected on the ground
OF It's illegality. The exception was noted.
MR.. TODD PLEADS mot GUILTY."
DR.. Childs, having accepted the duty of counsel
for the prosecution, the charges were formally
read, and Mr.. Todd was called upon to plead He
Ill,
mot guilty." The moderator impressively charged
the presbytery, and the case was opened.
TESTIMONY OF ROBERT TURNER, THE COLORED WIT
NESS.
Robert Turner, the cOored man who made the
affidavit that he saw Mr.. Todd in the woods with
woman, was the first witness called. He walked
forward to the platform and was sworn. He
Is very black about forty EIGHT years of age and
seemed possessed OF ordinary Intelligence He
was dressed In black suit with a white shirt,
collar anA co1P
After stating his name and residence Turner arose
to his feet add somewhat impressively said |:
'GentPmenS Use here to-day ter tell de tr,lfe lis as
nigh as kin cum at it." ="
In response to questions he said that early on
the morning OF May oath the day OF the alleged oc-
We're with him Peter and Pat curry, Jas. Worier.
Elijah Slack, and Others Early in the morning he
went out TO build a brush fence around some land
that he rents. He Went into the woods and came
to the butt OF an oak tree that nad been cut down
for spoke timber. He peered through the limbs
horse h1tched to q sapling He went round the
butt OF the tree. and when well around 1t he dis
covered
A NAN AND WOMAN
lying on lap-robe that was spread on the ground.
The woman ''skulked" of under the bushes and
witness could not see whether she was white or
black, as she kept her back to him. but she raised
her hand TO pull her hat down over her face and
witness saw the hand was White. witness recOg-
nized MIR. Todd, and said, "GoOd morning." Mr
Todd asked what he was doing there and witness
replied that he was running a line for a fence
eq eone to 60
commenced er bOtherin' him, and he stole back
through the woods. He could hear voices, and
but though he crawled under the bushes he could
not see the persons. He went home and told his
wife what he had seen.
Witness said 1t was between and 10 O,clock
In tho morning when he saw Mr.. Todd in the
woods. About an hour after witness got home
CarricO arrived and witness described to him what
ne la0 seen. WltQe4S and CarrfcO IN ho
spot and saw where the horse had been h1tched
and also where the lap-robe had been spread on
the ground. They also saw tracks and they tracked
the horse from the spot where 1t had been hitched
out towards the Nokesy1lle Road. After several
upon him for statement OF the facts He reiter-
ated the main portion OF his testimony.
He declared that he knew Mr.. Todd wen and
COULD NOT BE MISTAKEN
as to his identity. He had known him very well.
He was ''stonished" when he discovered Mr. Todd.
After leaving the spot he started home, but ecu
rosty" got the better OF him and he went back for
another view. While looking under the bushes
witness said to himself: "Bob Turner, you better
GIT on home, kase ef dat man sees yOn he mout
shoot you"
On cross ss-eXamination, witness said he was forty
SIX years Old; was slave, and was born and
raised near where he now lives; had been married
twenty years and was q member OF the Baptist
church; had been member for fourteen years
He commenced TO mark out the line for the brush
fence, which he went to work upon when he saw
Mr.. Todd, about two weeks before that incident.
He made brush fence because It was easier to
get brush than rails Turner explained on a map
Of the vicinity shown him the line Of fence he pro-
posed to run. The line for the fence was traced
out by blazing trees some years ago witness was
hunting for the line: It was to inclose land that
ne rented. He had finished the fence since and he
added: "De fens' Is dar now to show for itself"
WHEN WITNESS FIRST SAW TIE WOMAN
she was not Oh the laprobe, but was In a STOPPING
posture running away.
Question. "Was she q tall woman or short
w0man7"
Answer-"She was pretty long-waisted.n Wit
ness said she had on black Dress mixed straw
hat and dOve-colored veil The man was
LYING ON THE LAP-RoBR
He laid STILL even when witness spoke to him.
It was level spot OF ground. The robe on the
ground looked to witness like q table-cloth and
that was what he called It. The man was re-
Ginning on the robe. resting on his right elbow.
The man was bare-headed, and wore black coat;
1t looked like heavy coat. The pants looked
gray. Witness did not halt. but passed right on.
He felt like he was In a "k1nd Of
critical place" After exchanging salutations
Mr.. Todd said: 'What are you looking fOrf" Wit